In lieu of an abstract, here is a brief excerpt of the content:Walking the Bodhisattva Path/Walking the Christ PathU.S. Conference of Catholic BishopsCatholics and Buddhists brought together by Dharma Realm Buddhist Association, the San Francisco Zen Center, and the United States Conference of Catholic Bishops (USCCB) met 20-23 March 2003 in the first of an anticipated series of four annual dialogues. Abbot Heng Lyu, the monks and nuns, and members of the Dharma Realm Buddhist Association hosted the dialogue at the (...) City of Ten Thousand Buddhas in Talmage, California. The community had transformed their Confucius Hall into a chapel, with a large, newly constructed wooden cross on a wall above an altar facing out from a raised platform, so the Catholic delegation would have a space for worship. A special poster announcing the theme of the conference, "Walking the Bodhisattva Path/Walking the Christ Path," showing a Buddhist dharma wheel at one foot of a bridge and a Celtic cross at the other foot, had been created by the hosting community.The daily schedule for the dialogue did not interfere with the monastic routine at the City of Ten Thousand Buddhas, which included early morning chanting (4:00-5:00 am), daily rituals in the Buddha Hall, and the single large meal for monastics before noon to which all participants were invited. Catholics and Buddhists meeting in the dialogue began each day with an optional forty-five minutes of quiet sitting together in the monastery meditation hall, each following their own form of meditation and prayer. There was a Eucharist on Friday and Saturday evenings for the Catholics and to which the Buddhists were invited, and additional meals of breakfast and supper throughout the meeting at the City's Jyun Kang Restaurant.Fourteen Buddhists and fourteen Catholics participated in the formal discussions. Each participant spoke on what it means to them to follow Christ or the way of the Bodhisattvas or enlightened beings. In addition to speaking, each participant distributed a short passage, usually from a traditional text, on this topic. Several passages from Master Dogen's Shobogenzo and the Gospel of John were among those shared by the group. Other passages shared were taken from the Avatamsaka Sutra and the Shurangama Sutra and from the other gospels and the writings of Zen master HakuinZenji, the Dalai Lama, Korean Zen Master I-sahn Hye-yeon, the teachings of Master [End Page 247] Hsuan Hua, Shantideva, Origen, St. Ignatius, St. Benedict, the author of The Cloud of Unknowing, St. John of the Cross, and Chiara Lubich. A minute of silence separated the fifteen-minute segments for each presentation. With so large a group, most of the time in the formal sessions involved listening to series of presentations; however, during discussion periods the participants asked several challenging questions of one another.Some participants noted the tension they felt between belonging to a particular religious group and the need to let go of any consequential narrowness. The goal of the discussion was to promote understanding of the differences and similarities between Christianity and Buddhism. At one point, the participants noted several concerns about mutual enrichment: whether Buddhist methods can be separated from Buddhism and Christian methods from Christianity, and what specific aspects of Christian practice truly enrich Buddhists and which Buddhist practices likewise enrich Christians. Several times participants discussed their understanding of terms such as transformation, grace, the incarnation and the passion of Jesus, discernment of spirits, prayer, Buddha-nature, and related terms. There was consensus that Buddhists and Catholics can practically help one another regarding mental cultivation and religious precepts. They expressed this consensus in their choice of the topic forthe next dialogue, "Transformation of Hearts and Minds: Chan/Zen-Catholic Approaches to Precepts."The group agreed to reconvene in 2004 to respond to six presentations, three from each side, on different aspects of this topic.Chairing the sessions were Rev. Heng Sure for the Dharma Realm Buddhist Association, Rev. Taigen Dan Leighton for the San Francisco Zen Center, and Bishop John Webster for the United States Conference of Catholic Bishops. Their three organizations are the sponsors of the Northern California Chan/Zen-Catholic Dialogue. Chan and Zen are respectively the Chinese and Japanese terms for the meditation school... (shrink)

The argument laid out in this book discusses and interprets the work of Hobbes in relation to religion. It compares a traditional interpretation of Hobbes where Hobbes’ use of conventional terminology when talking about natural law is seen as ironic or merely convenient despite an atheist viewpoint, with the view that Hobbes’ morality is truly traditional and Christian. The book considers other thinkers of the age in tandem with Hobbes and discusses in detail his theology inspired by corporeal mechanics. The (...) position is that there are significant senses in which Hobbes can be said to be a traditional natural law theorist. (shrink)

The argument laid out in this book discusses and interprets the work of Hobbes in relation to religion. It compares a traditional interpretation of Hobbes where Hobbes’ use of conventional terminology when talking about natural law is seen as ironic or merely convenient despite an atheist viewpoint, with the view that Hobbes’ morality is truly traditional and Christian. The book considers other thinkers of the age in tandem with Hobbes and discusses in detail his theology inspired by corporeal mechanics. The (...) position is that there are significant senses in which Hobbes can be said to be a traditional natural law theorist. (shrink)

The argument laid out in this book discusses and interprets the work of Hobbes in relation to religion. It compares a traditional interpretation of Hobbes where Hobbes’ use of conventional terminology when talking about natural law is seen as ironic or merely convenient despite an atheist viewpoint, with the view that Hobbes’ morality is truly traditional and Christian. The book considers other thinkers of the age in tandem with Hobbes and discusses in detail his theology inspired by corporeal mechanics. The (...) position is that there are significant senses in which Hobbes can be said to be a traditional natural law theorist. (shrink)

Jack Kerouac's On the Road occupies an unusual status in American letters. It is an American classic but also a contested text. An early reviewer's assessment of On the Road as an American masterpiece has been consistently reiterated, but so have initial dismissals that the work is an incoherent, naïve, and narcissistic travel narrative. This ambivalence is heightened by Kerouac's own idiosyncratic political and social views. These confl icting assessments can be reconciled, however, if On the Road is evaluated as (...) a work of political thought, especially as an iteration of the social contract tradition exploring relationships in a "state of nature.". (shrink)

This chapter suggests that the state of nature is a continuum notion that lies in a segment along a larger continuum of the scope of private judgment, as does the continuum notion of civil authority. Jean Hampton saw Thomas Hobbes's state of nature as a “presocietal” condition of “isolated asocial individuals,” “stripped of their social connections.” There is plentiful evidence against Hampton's interpretation of the state of nature as an “asocial” condition in Hobbes's insistence across all his (...) political writings that men care deeply about their relative social standing and reputations, and that this is a major source of conflict in a state of nature. A potentially more promising way of understanding the state of nature is as a lawless condition. Societies exhibiting a high degree of consensus among private judgments may be able to tolerate incomplete removal from the mere state of nature, without threat to their stability. (shrink)

The ' state of nature ' could be understood in two senses; both in terms of its nature 's current condition and of that unmediated and pre-contractual relation between humanity and the environment posited by political philosophers like Locke and Rousseau and now championed by anarcho- primitivism. Primitivism is easily dismissed as an extreme, naïve and impractical form of radical environmentalism but its emergence signifies contemporary disaffection with the ideology of 'progress' so central to modernity and capitalism. This paper (...) offers an ethico-political interpretation of primitivism 's critical relation to modernity in terms of the dialectic between amorality and immorality within what is characterised as modernity's ' culture of contamination '. (shrink)

This book examines the most significant metaphors of modern political philosophy: the state of nature and the social contract. Each of the main chapters is dedicated to the political theory of the different social contract thinkers and the ways they articulated the uniquely liberal view of equality and freedom. The last chapter, unique to most books that explore the social contract, highlights the recent challenges to these views. It is this balance between accepted contractarian ideas and their critiques that (...) makes it a unique contribution to the field of political philosophy. (shrink)

State of nature or Eden? -- Hobbes' state of nature as an account of the fall? -- Hobbes' own belief or unbelief -- The contemporary reaction to Leviathan -- Hobbes and commentaries on Genesis -- A note on method and chapter order -- Good and evil -- Hobbes on good and evil -- The 'seditious doctrines' of the schoolmen -- The contemporary reaction -- The scriptural account -- The state of nature as an account of the fall? (...) -- Equality and unsociability -- Hobbes and natural equality -- The contemporary reaction -- The scriptural account -- Hobbes on natural unsociability -- The contemporary reaction -- The scriptural account -- State of nature as Eden? -- The war of all against all -- Hobbes' war of all against all -- The contemporary reaction -- The scriptural account -- State of nature as fallen condition? -- The right and law of nature -- Hobbes and natural right -- The contemporary reaction -- Hobbes and natural law -- The contemporary reaction -- The scriptural account -- Hobbes as reformed theologian? -- The creation of society -- Hobbes on the escape from the state of nature -- The contemporary reaction : Hobbes versus divine right -- The scriptural account of Cain building a city -- Hobbes on the creation of the commonwealth -- The contemporary reaction : Hobbes versus the patriarchalists -- The scriptural account of the relationship between Adam and Eve -- State of nature as Eden, the process of the fall, and the fallen condition? -- Reading Hobbes' state of nature -- Anti-aristotelianism -- Hobbes' Protestantism. (shrink)

Canonical economic agents act so as to maximize a single, representative, utility function. However, there is accumulating evidence that heterogeneity in thought processes may be an important determinant of individual behavior. This paper investigates the implications of a vector-valued generalization of the Expected Utility paradigm, which permits agents either to deliberate as per Homo economics, or to act impulsively. This generalized decision theory is applied to explain the crowding-out effect, irrational educational investment decisions, persistent social inequalities, the pervasive influence of (...) non-cognitive ability on socio-economic outcomes, and the dynamic relationships between non-cognitive ability, cognitive ability, and behavioral biases. These results suggest that the generalized decision theory warrants further investigation. (shrink)

Frank Palmeri sees the conjectural histories of Rousseau, Hume, Herder, and other Enlightenment philosophers as a template for the development of the social sciences in the nineteenth and early twentieth centuries. Without documents or memorials, these thinkers, he argues, employed conjecture to formulate a naturalistic account of society's commercial and secular progression. This approach can be traced in the work of political economists, anthropologists, sociologists, and sociologists of religion, and its speculative framework creates a surprising ambivalence toward modernity in these (...) disciplines. In addition, Palmeri shows that conjectural histories by Darwin and Nietzsche opened the way to new disciplines in the late twentieth century. (shrink)

The standard philosophical project of analysing the concept of knowledge has radical defects in its arbitrary restriction of the subject matter, and its risky theoretical presuppositions. Edward Craig suggests a more illuminating approach, akin to the `state of nature' method found in political theory, which builds up the concept from a hypothesis about the social function of knowledge and the needs it fulfils. Light is thrown on much that philosophers have written about knowledge, about its analysis and the obstacles (...) to its analysis, and on the debate over scepticism. It becomes apparent why many languages not only have such constructions as `knows whether' and `knows that', but also have equivalents of `knows how to' and `know' followed by a direct object. Thus the inquiry is both broadened in scope and made theoretically less fragile. (shrink)

The comparison between the concept state of nature, as it appears in the contractualist theories of XVII and XVIII centuries, and the original position of the the- ory of justice by John Rawls, reveals the assumptions, difficulties and limitations of the latter. In spite of its claims, the original position does not justify the search and existence of a well ordered society, and it is far away from reach the brightness and coherence with which their predecessors argued on behalf (...) of societies where safety, freedom or equality ruled. Besides, Rawls, on amounting justice to a material welfare which must arrive, does not know the important role that the historical memory plays when claiming the resolution of the injustices from the pastLa comparación entre el concepto de estado de naturaleza, tal y como aparece en las teorías contractualistas de los siglos XVII y XVIII, y la posición original de la teoría de la justicia de John Rawls, sirve para poner de manifiesto los supuestos, dificultades y limitaciones de esta última. A pesar de sus pretensiones, la posición original no justifica la búsqueda y existencia de una sociedad bien ordenada, y está lejos de alcanzar la brillantez y coherencia con la que sus antecesores argumentaron a favor de sociedades donde reinara la seguridad, la libertad o la igualdad. Además, Rawls, al reducir la justicia a un bienestar material que ha de llegar, desconoce el importante papel que la memoria histórica desempeña a la hora de reclamar la resolución de las injusticias del pasado. (shrink)

At the same time as the modern idea of the state was taking shape, Hugo Grotius , Thomas Hobbes and Samuel Pufendorf formulated three distinctive foundational approaches to international order and law beyond the state. They differed in their views of obligation in the state of nature , in the extent to which they regarded these sovereign states as analogous to individuals in the state of nature, and in the effects they attributed to commerce as a (...) driver of sociability and of norm-structured interactions not dependent on an overarching state. Each built on shared Roman and sixteenth-century foundations . Section II argues: 1) that Grotius's natural law was not simply an anti-skeptical construction based on self-preservation , but continued a Roman legal tradition; 2) that Hobbes's account of natural law beyond the state was essentially prudential, not moral ; and 3) that commerce as a driver of social and moral order had a substantial and under-appreciated impact on international legal order. Each contributed to the thought of later writers such as Emer de Vattel , David Hume , and Adam Smith , and eventually to the empirical legal methodologies of Jeremy Bentham and Georg Friedrich von Martens. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

This essay offers a new way to conceptualize the “police violence against Blacks” phenomenon. I argue that we should see the situation as an instance of what Thomas Hobbes called the state of nature, that is, a state without effective law. This understanding of the phenomenon stands in sharp contrast to that offered by Professor Michelle Alexander in her book The New Jim Crow. Alexander sees the phenomenon as a continuation of centuries-old patterns of state-backed anti-Black racism. (...) My account is that police are not under control of the state in their interactions with Blacks. (shrink)

The phrase, "state of nature", has been used over centuries to describe the uncultivated state of lands and animals, nudity, innocence, heaven and hell, interstate relations, and the locus of pre- and supra-political rights, such as the right to resistance, to property, to create and leave polities, and the freedom of religion, speech, and opinion, which may be reactivated or reprioritised when the polity and its laws fail. Combining intellectual history with current concerns, this volume brings together fourteen (...) essays on the past, present and possible future applications of the legal fiction known as the state of nature. Contributors are: Daniel S. Allemann, Pamela Edwards, Ioannis D. Evrigenis, Mary C. Fuller, David Singh Grewal, Francesca Iurlaro, Edward J. Kolla, László Kontler, Grant S. McCall, Tom Sparks, Benjamin Straumann, Karl Widerquist, Sarah Winter, and Simone Zurbuchen. (shrink)

In this illuminating study Craig argues that the standard practice of analyzing the concept of knowledge has radical defects--arbitrary restriction of the subject matter and risky theoretical presuppositions. He proposes a new approach similar to the "state-of-nature" method found in political theory, building the concept up from a hypothesis about its social function and the needs it fulfills. Shedding light on much that philosophers have written about knowledge, its analysis and the obstacles to its analysis, and the debate over (...) skepticism, this compelling work will be of interest to students and scholars of epistemology and the philosophy of language. (shrink)

The paper asks what is living in political state-of-nature approaches, and answers by way of considering recent epistemic uses of state-of-nature arguments. Using Edward Craig's idea that a concept of knowledge can be explicated from the need for good informants, I argue that a concept of authority can be explicated from a parallel need for good practical informants. But this need not justify rule of a Platonic elite. Practically relevant epistemic advantages are more likely to be secured by (...) the political creation of institutions. In conclusion it is suggested that this approach can explain a problem of justification which arises for Joseph Raz's account of authority. (shrink)

Whatever else might be said about the Lockean and Hobbesian states of nature, it is widely believe that they are mutually incompatible. One or the other (or neither) is a correct way of thinking about the state of nature, but not both. This paper argues that this intuitively plausible claim is incorrect - if not as a matter of textual interpretation, then as a matter of analysis of the concepts that we have inherited from those texts. Not only does (...) it make sense to talk about a Hobbesian and Lockean state of nature existing simultaneously, but doing so allows us to draw important and novel insights about important contemporary questions in political philosophy. (shrink)

The standard philosophical project of analysing the concept of knowledge has radical defects in its arbitrary restriction of the subject matter, and its risky theoretical presuppositions. Edward Craig suggests a more illuminating approach, akin to the `state of nature' method found in political theory, which builds up the concept from a hypothesis about the social function of knowledge and the needs it fulfils. Light is thrown on much that philosophers have written about knowledge, about its analysis and the obstacles (...) to its analysis, and on the debate over scepticism. It becomes apparent why many languages not only have such constructions as `knows whether' and `knows that', but also have equivalents of `knows how to' and `know' followed by a direct object. Thus the inquiry is both broadened in scope and made theoretically less fragile. (shrink)

Recently, philosophers have drawn on tools from game theory to explore behavior in Hobbes’ state of nature. I take a similar approach and argue the Lockean state of nature is best conceived of as a conflictual coordination game. I also discuss Nozick’s famous claim regarding the emergence of the state and argue the path to the minimal state is blocked by a hitherto unnoticed free-rider problem. Finally, I argue that on my representation of the Lockean (...) class='Hi'>state of nature both widespread conflict and lasting peace are possible. This, I contend, is in line with one popular interpretation of Locke. (shrink)

Hobbes’s own justification for the existence of governments relies on the assumption that, without a government, our lives in the state of nature would result in a state of war of every man against every man. Many contemporary scholars have tried to explain why universal war is unavoidable in Hobbes’s state of nature by utilizing modern game theory. However, most game-theoretic models that have been presented so far do not accurately capture what Hobbes deems to be the (...) primary cause of conflict in the state of nature – which is uncertainty, rather than people’s egoistic psychology. Any game- theoretic model that does not incorporate uncertainty into the picture is, therefore, I claim, the wrong model. In this paper, I use Bayesian game-theory to show how universal conflict can break-out in the state of nature - even when the majority of the population would strictly prefer to cooperate and seek peace with other people - due to uncertainty about the other person’s type. Along the way, I show that the valuation of one’s own life is one of the central mechanisms that drives Hobbes’s pessimistic conclusion. (shrink)

In this article, I argue that if one closely follows Hobbes' line of reasoning in Leviathan, in particular his distinction between the second and the third law of nature, and the logic of his contractarian theory, then Hobbes' state of nature is best translated into the language of game theory by an assurance game, and not by a one-shot or iterated prisoner's dilemma game, nor by an assurance dilemma game. Further, I support Hobbes' conclusion that the sovereign must always (...) punish the Foole, and even exclude her from the cooperative framework or take her life, if she defects once society is established, which is best expressed in the language of game theory by a grim strategy. That is, compared to existing game-theoretic interpretations of Hobbes, I argue that the sovereign plays a grim strategy with the citizens once society is established, and not the individuals with one another in the state of nature. (shrink)

Those who comment on modern scientific institutions are often quick to praise institutional structures that leave scientists to their own devices. These comments reveal an underlying presumption that scientists do best when left alone—when they operate in what we call the ‘scientific state of nature’. Through computer simulation, we challenge this presumption by illustrating an inefficiency that arises in the scientific state of nature. This inefficiency suggests that one cannot simply presume that science is most efficient when institutional (...) control is absent. In some situations, actively encouraging unpopular, risky science would improve scientific outcomes. 1 Introduction2 Scientists and Bandits3 Choosing an ϵ4 Structure of Communication5 Discussion. (shrink)

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A (...) state-of-nature theory has three components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience. (shrink)

: In his work Truth and Truthfulness, Bernard Williams offers a very different interpretation of philosophical genealogy than that expounded in the secondary literature. The “Received View” of genealogy holds that it is “documentary grey”: it attempts to provide historically well-supported, coherent, but defeasible explanations for the actual transformation of practices, values, and emotions in history. However, paradoxically, the standard interpretation also holds another principle. Genealogies are nevertheless polemical because they admit that any evidence that would serve to justify a (...) genealogical account is indexical to a perspective. In short, genealogies are not true per se. This view of genealogy leaves it vulnerable to three criticisms. I call these three: (1) the reflexive, (2) the substantive, and (3) the semantic. In contrast, Williams argues that all genealogies provide a functional account for the manifestation of something and further, that a State of Nature story subtends these accounts. The upshot of Williams’ approach is that it makes for strange philosophical bedfellows. For example, Nietzsche’s account for the rise of Christian morality shares methodological features with Hobbes’ functional explanation for the emergence of civilization and yet Nietzsche seems to take issue with genealogists who are hypothesis mongers gazing haphazardly into the blue. In the following article, I flesh out, more fully, how to make sense of Williams’ novel reclassification of genealogy. I show that Nietzsche’s genealogies are State of Nature stories and, just like Hobbes’ State of Nature story in chapter thirteen of Leviathan, are subtended by our collective corporeality. I then demonstrate how Nietzsche’s three stories in the Genealogy, when brought together, serve to undermine what Williams refers to as “ . . . a new system (of reasons)—which very powerfully resists being understood in such terms . . . ” Finally, I explain how my reconstruction of Williams’ interpretation of the genealogy immunizes it against the three criticisms noted above. (shrink)

In Zoopolis, Donaldson and Kymlicka argue that intervention in nature to aid animals is sometimes permissible, and in some cases obligatory, to save them from the harms they commonly face. But they claim these interventions must have some limits, since they could otherwise disrupt the structure of the communities wild animals form, which should be respected as sovereign ones. These claims are based on the widespread assumption that ecosystemic processes ensure that animals have good lives in nature. However, this assumption (...) is, unfortunately, totally unrealistic. Most animals are r-strategists who die in pain shortly after coming into existence, and those who make it to maturity commonly suffer terrible harms too. In addition, most animals do not form the political communities Zoopolis describes. The situation of animals in the wild can therefore be considered analogous to one of humanitarian catastrophe, or to that of irretrievably failed states. It matches closely what a Hobbesian state of nature would be like. This means that intervention in nature to aid nonhuman animals should not be limited as Donaldson and Kymlicka argue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

State of nature theories have a long history and play a lively role in contemporary work. Theories of this kind share certain nontrivial commitments. Among these are commitments to inclusion of a Lockean proviso among the principles of justice and to an assumption of invariance of political principles across changes of circumstances. In this article I want to look at those two commitments and bring to light what I believe are some important difficulties they engender. For nonpattern state (...) of nature theories, the justness of a society is marked by the conformance of the society to procedural principles. Distributions of resources and the like have no particular import for questions of justice. Whatever may later result, so long as it came about in accordance with the rules determined by the principles of justice, is itself just. The Lockean proviso is one of the principles of justice governing property and other rights of nonpattern theories of justice. The proviso hangs as a "shadow" over the results of the operation of the other (usual) principles of justice. It is intended to remedy a complaint which arises when the positions of those no longer at liberty to use some resource are worsened (1) by no longer being able to use freely what they previously were free to use and (2) in such a way that they fall below a "baseline." Following Locke, a traditional formulation of the proviso is to allow acquisition just so long as there is "enough and as good" left over for others. Section I concerns the relation of the Lockean proviso to pattern and nonpattern principles of justice, demonstrating that a Lockean proviso turns a nonpattern into a pattern theory of justice. Section II is about the relation of the Lockean proviso to the ideas revealed by an examination of a state of nature, suggesting reasons to reject ideal theories of justice. (shrink)

Hobbes’s state of nature is often analyzed in two-person two-action non-cooperative games. By definition, this literature only focuses on duels. Yet, if we consider general games, i.e., with more than two agents, analyzing Hobbes’s state of nature in terms of duel is not completely satisfactory, since it is a very specific interpretation of the war of all against all. Therefore, we propose a definition of the state of nature for games with an arbitrary number of players. We (...) show that this definition coincides with the strategy profile considered as the state of nature in two-person games. Furthermore, we study what we call rational states of nature. We show that in rational states of nature, the utility level of any agent is equal to his maximin payoff. We also show that rational states of nature always exist in inessential games. Finally, we prove the existence of states of nature in a class of symmetric games. (shrink)